we at www.remotethumbs.com are fully equpppied to handle the situation for you.

option #1 continue to use, ( or sign up for ) our ground breaking product, that uses all Free Hotsed gallerys from the sponsors directly. and allows fo no submissions, therefore you are always in control of having the sponsors you choose and trust to promote, and utilize their 2257 protections for yourself as well ( as they host the gallerys for you and will need them to be compliant)


Option #2 We are fully capable of hosting your own built gallerys for you via our own data cneter ( not third party) www.siliconcanal.com we are located in Panama, and will keep the 2257 info for you, so you do not need to come out and give your info as the producer of record. ( we host them not you)

Option # 3 We will entertain ( big traffic pushers only) writing a customized solution for you allowing for submissions to take place, and FHG's to be used also allowing you to sell advertising spots and we will host the gallerys for your site to insure you are protected.

if you are interested in any further discussion with one of us on this matter we are available and you can reach me with your thoughts at 174842541

Thank you and have a great, productive day. ( be safe)

Have you got legal opinion on that?

Yes we have, and it ABSOLUTLY 100% matters in what jursdiction the servers are based out of that serve the gallerys.

Our hosting peoples thumbs in Panama, immiediatly takes the issue out of US jurisdiction

and makes us the responsible party

So your primary place of business is in Panama?

As in, where YOU work 24/7?

These ammended regulations havent even been published yet, how can ANY lawyer tell you what is and isnt legal until they have seen them? :huh:

Excellent :)

I didn't doubt it ;-))

I would guess they can tell you if Panama is outside US jurisdiction. :)

I would guess they can tell you if Panama is outside US jurisdiction. :)[/b][/quote]
What if there is something in these new regs saying that any US citizen 'producing' or publishing depictions that fall within the 2257 bounds have to comply with these new regs irrespective of their geographical location?

My point being, these regs havent been published so anyone that is telling you, joe or i how to operate our businesses are talking pure bullshit.

Its just guess work right now, nothing more, nothing less.

http://home.comcast.net/~skysfalling/chickenlittle.gif

What if there is something in these new regs saying that any US citizen 'producing' or publishing depictions that fall within the 2257 bounds have to comply with these new regs irrespective of their geographical location?

My point being, these regs havent been published so anyone that is telling you, joe or i how to operate our businesses are talking pure bullshit.

Its just guess work right now, nothing more, nothing less.

http://home.comcast.net/~skysfalling/chickenlittle.gif [/b][/quote]
Correct but you can run certain scenarios past a lawyer.

But frankly from my point of view.....

I'm Canadian , living in Canada. :)

I hope the US religious right makes it totally illegal for a citizen of the US to be involved in porn in anyway whatsoever :)

I'm amazed Lee Noga has been so slow off the mark....lol

Correct but you can run certain scenarios past a lawyer.

But frankly from my point of view.....

I'm Canadian , living in Canada. :)

I hope the US religious right makes it totally illegal for a citizen of the US to be involved in porn in anyway whatsoever :)

I'm amazed Lee Noga has been so slow off the mark....lol [/b][/quote]
She could sell everyones zip codes to the US govnt and make some serious bling :yowsa:

So your primary place of business is in Panama?

As in, where YOU work 24/7? [/b][/quote]
Yes that is where our company is based, physically, and where the workload is done 24/7 ( except fot the things that are rquired to be done in the USA, or Canada)

Yes that is where our company is based, physically, and where the workload is done 24/7 ( except fot the things that are rquired to be done in the USA, or Canada) [/b][/quote]
I believe the phrase my lawyer said to me here was "mind and management"

So ... you are no longer uploading thumbs to the individual server?

at the moment we are. no worries there.

This does shit...I can appreciate you spinning your product but here's the 2257. You can't protect anyone.

It's fuckin' absurd.

Here's the 2257 shit - Left is old - right is new

Where the fuck do you get your legal advice, the drive through?

This does shit...I can appreciate you spinning your product but here's the 2257. You can't protect anyone.

It's fuckin' absurd.

Here's the 2257 shit - Left is old - right is new

Where the fuck do you get your legal advice, the drive through? [/b][/quote]
ExecPc now theres a name I havent seen since dialup days.

This does shit...I can appreciate you spinning your product but here's the 2257. You can't protect anyone.

It's fuckin' absurd.

Here's the 2257 shit - Left is old - right is new

Where the fuck do you get your legal advice, the drive through? [/b][/quote]
Well AEON, I think you should read a little closer....

This does shit...I can appreciate you spinning your product but here's the 2257. You can't protect anyone.

It's fuckin' absurd.

Here's the 2257 shit - Left is old - right is new

Where the fuck do you get your legal advice, the drive through? [/b][/quote]
It protects me, but then I'm not sitting in the boat with a hole in it :)

This does shit...I can appreciate you spinning your product but here's the 2257. You can't protect anyone.

It's fuckin' absurd.

Here's the 2257 shit - Left is old - right is new

Where the fuck do you get your legal advice, the drive through? [/b][/quote]
well aeon if you would live a real world and not let your hatred for joe overide your common sence you would see how having your servers based offshore will become very important in the times to come, say what you want with your venom, but for anyone that this issue effects and is serious, we encourage you to consult your attorney and let him explain to you how offshore server and hosted images will help protect YOUR identity as the producer ( nothing will get anybody around the record requirement or age verification, and frankly we would not want that anyway as a good claening of the industry is needed) But again for all of you interested in protecting YOUR privacy as the record holder or producer we can help you with that as well as many other aspects of this law. We do however agree waiting until they are announced is prudent, but then seek legal help and remember we are here with this offer and will do what we can to help minimize the impact of these new regs to you personally.

Here's 75.6c of the proposed regulations (I'd be incredibly surprised if they didn't go with this as-is). Please let me know how you'll handle the fact that the custodian of records must be an employee of the producer.

-----------------------------

If the producer is an organization, the statement shall also contain the name, title, and business address of the individual employed by such organization who is responsible for maintaining the records required by this part.

-----------------------------

If the custodian didn't have to be an employee, everyone would just have their attorney be their custodian of records, giving them something of an attorney-client privilege on the whole thing.

Why couldn't you have your lawyer employed by your corporation to be custodian?

Well us as the company that is producing the image would be using one of our principles as the record keeper.

Coming from our servers make us the producer , and we will list our contact info and maintian the copy of records as required .

If it becomes a situation where we need to be the owners of the content , then it would be our intention to enter an agreement with the provider/user of the content.This would give us a written use license to produce the particular image on the particular site(s) that they deem it to be used for. We may need to buy this right for something like a dollar for example, and the license be limited to allow us to produce it only on a certain site as the terms of the lease/sale to us. we at that time would become the secondary producer and provide our contact details to comply

Well us as the company that is producing the image would be using one of our principles as the record keeper.

Coming from our servers make us the producer , and we will list our contact info and maintian the copy of records as required .

If it becomes a situation where we need to be the owners of the content , then it would be our intention to enter an agreement with the provider/user of the content.This would give us a written use license to produce the particular image on the particular site(s) that they deem it to be used for. We may need to buy this right for something like a dollar for example, and the license be limited to allow us to produce it only on a certain site as the terms of the lease/sale to us. we at that time would become the secondary producer and provide our contact details to comply [/b][/quote]
OK, I may be talking out of my ass, because I've not used RemoteThumbs before, but this is based on my understanding of your system.

Suppose I use your service for my fictional TGP rawmonkeysex.com. The thumbs are uploaded to my server and appear on rawmonkeysex.com. In this case, I'M the producer, because I'm the one producing the site.

Suppose you have a system whereby the thumbs are inserted into rawmonkeysex.com, the shell pages of which are hosted on my server. I'm STILL the producer.

Are you planning on hosting the domain rawmonkeysex.com on your servers with your name and location listed as the domain owner, hosting the thumbs on your servers, and having your name and location listed with the affiliate companies? Then you'd be the producer. But if you then cut a check to me for my cut, it would be very easy to play follow the money and STILL consider me a producer.

If you just hosted and ran all the TGPs using your service, and collected the commissions yourself, and kept the money, well, yeah, then you'd be in the clear. <_<

I don't pay employees $250/hour, thank you. :lol:

OK, I may be talking out of my ass, because I've not used RemoteThumbs before, but this is based on my understanding of your system.

Suppose I use your service for my fictional TGP rawmonkeysex.com. The thumbs are uploaded to my server and appear on rawmonkeysex.com. In this case, I'M the producer, because I'm the one producing the site.

Suppose you have a system whereby the thumbs are inserted into rawmonkeysex.com, the shell pages of which are hosted on my server. I'm STILL the producer.

Are you planning on hosting the domain rawmonkeysex.com on your servers with your name and location listed as the domain owner, hosting the thumbs on your servers, and having your name and location listed with the affiliate companies? Then you'd be the producer. But if you then cut a check to me for my cut, it would be very easy to play follow the money and STILL consider me a producer.

If you just hosted and ran all the TGPs using your service, and collected the commissions yourself, and kept the money, well, yeah, then you'd be in the clear. <_< [/b][/quote]
Man you may be on to something, you think we can get away with it ? :)

Seriously, consult legal council if you are interested in this, as it is understood by us, we are the producer that serves the gallerys of content from our servers ( we would not upload them to your servers they would come from ours)

of course you could always host in Panama with us, and then hire us as an employee to run your hosting and content managment as well we would be glad to do that for you.

http://www.siliconcanal.com is our data center

The producer's the producer. If it's my site and I'm making the money from it, then I'm the producer. It matters not where the stuff is being served from. If I'm a US citizen and I'm making money from it, then I'm the producer.

There's a big misconception that simply moving your hosting offshore shields you from US law. Tell that to the people who tried to run gambling sites hosted offshore.

Well, being that the regs specifically mention "INDIVIDUAL" (not "corporation," or "legal entity," or "shadow producer") when talking about the custodian of records, I don't believe I would be able to employ a hosting and content management company to be my custodian of records. That would be more akin to subcontracting, which is not "employing."

A simpler solution would be for someone in the adult business to have a real live office, with a real live custodian of records (yourself or a real live employee), and then they're following the law. Seems like a shorter distance between 2 points, and they're then on firm legal ground, to boot!

Sorry to be jerking around with you here, but offsite 2257 recordkeeping solutions don't really work, because they aren't compliant with the regs. Or at least they aren't compliant with the current regs. We'll see what the new regs are really like when they're published on Tuesday.

Sell all your websites to a Panamanian Corp
Put all your servers at silicon canal
And have yr corp employ one of the staff at siliconcanal $250 a yr to be custodian :)



:)

As long as you keep all the money in Panama and never try to bring any of it into the country, then you probably have a great idea! :lol:

As long as you keep all the money in Panama and never try to bring any of it into the country, then you probably have a great idea! :lol: [/b][/quote]


Nevada corp then consults on marketing and internet matters to the Panamanian Corp.

Is paid a consultancy fee.

nevada corp pay a salary to individual upon which he pays tax

:)


NEXT!!!!


:)

Nevada corp then consults on marketing and internet matters to the Panamanian Corp.

Is paid a consultancy fee.

nevada corp pay a salary to individual upon which he pays tax

:)


NEXT!!!!


:) [/b][/quote]
OK, but sure seems cheaper to go the simple route and follow the law.

Step 1) Get office.
Step 2) Be custodian.
Step 3) Follow law.

Sometimes simple is good. :okthumb:

Anyway, what the fuck do YOU care? Goddamn Canadians, always sticking their nose into our business. :awinky:

OK, but sure seems cheaper to go the simple route and follow the law.

Step 1) Get office.
Step 2) Be custodian.
Step 3) Follow law.

Sometimes simple is good. :okthumb:

Anyway, what the fuck do YOU care? Goddamn Canadians, always sticking their nose into our business. :awinky: [/b][/quote]
I don't give a fuck!!! LOL

But I was a bit bored so I thought I'd fuck with you yanks...

:)

my 2 cents and it may sound kind of harsh. sorry about it but this is kind of dumb.

plain and simple if it goes through as is or not 2 things may happen

1. lots of people move out of USA (hosting) so government thinks twice before going after lawbreakers. big fish are going to be targets some small may fall but it will be a pain in the ass for government when they are soooo busy with other shit.

2. usa traffic will become shit because no one will want it just to no risk it. then all usa based processing will go to shit because no one will want to process in the usa, therefore the rest of the world which is much much bigger than usa will be a target and cc processor will have easier ways to process because they don´t have to worry about usa cause usa sucks thanks to its religous and bush administration and tata we have 1990´s again. lots of big and small will die most of the world outside usa will live.


and bonus we get even richer cause a lot of people will move their shit to us LOL.

pornwill not die. usa porn biz may die but there is soo much other land and countries in planet earth who gives a fuck about usa. hell lately usa traffic is sucking ass europe is starting to pick up and don´t tell anyone but central and south america have faster interenet connections and more availability than vancouver or other states in the usa. all you have to do is be able to process cc from that country which will become easier as i said before and talk spanish

coño que bueno que hablo español :) babble fish that one.

the only thing i see happening is lots of suicides and divorces in USA cause men wont be able to get jerk off at porn anymore. thats a scary thought.

freee minibon

well aeon if you would live a real world and not let your hatred for joe overide your common sence you would see how having your servers based offshore will become very important in the times to come, say what you want with your venom, but for anyone that this issue effects and is serious, we encourage you to consult your attorney and let him explain to you how offshore server and hosted images will help protect YOUR identity as the producer ( nothing will get anybody around the record requirement or age verification, and frankly we would not want that anyway as a good claening of the industry is needed) But again for all of you interested in protecting YOUR privacy as the record holder or producer we can help you with that as well as many other aspects of this law. We do however agree waiting until they are announced is prudent, but then seek legal help and remember we are here with this offer and will do what we can to help minimize the impact of these new regs to you personally.[/b][/quote]
I don't hate you or yer overgrown dork boy. That demands concern and hatred isn't something to be wasted. Don't confuse indifference & entertainment with hatred.

That aside, "hosting" things outside the US will have no bearing on this as has been mentioned. If you are a US citizen, residing in the US, you will be required to comply with the new interpretation of the statute regardless of where your shit is hosted. Have you even read the statute? You have to have the documentation available at your place of business. Not in fuckin' panama or Timbuktu.

At least this throbx has read the fuckin' thing. Hosting and keeping records offshore is absolutely irrelevant if you are a US citizen.

Actually, not to be the bearer of bad nws or anything but..

The new regs havent even been published yet so, that being said, nobody but the DOJ has read them.

Many people have read last years proposed regs but the chances they may have changed are great since they were first suggested.

The turth of the matter is, until the new regs are published, nobody is any the wiser than they were last month, including all the lawyers in the adult industry making un-educated guesses.

Actually, not to be the bearer of bad nws or anything but..

The new regs havent even been published yet so, that being said, nobody but the DOJ has read them.

Many people have read last years proposed regs but the chances they may have changed are great since they were first suggested.

The turth of the matter is, until the new regs are published, nobody is any the wiser than they were last month, including all the lawyers in the adult industry making un-educated guesses.[/b][/quote]
They haven't been published in the federal register but it's pretty much a given that the proposed interpretations that the bush's token beaner signed are them.

With all due respect, you must not be very familiar with the way our government works. When a no-lose issue comes up that can win votes, in this case "protecting the children," all other shit gets pushed aside, so a good show can be made.

Workload due to 9/11 may have delayed action on "obscenity," but that was a REALLY unusual case. What's the workload now?

Dealing with daily carbombings in Iraq? Hell, that ain't even in this country, most voters who want porn to be stopped aren't even aware that there are other countries besides the U.S. Fighting porn is sexier. (pun intended) That can be put aside for a no-lose vote-gaining issue.

The debate over filibusters during federal judgeship nominations? Piffle, that's just political posturing. That can be put aside for a no-lose vote-gaining issue.

Steroids in sports? There's a non-issue that can be put aside for a no-lose vote-gaining issue.

There's NOTHING in our governmental system that is more important than either A: money or B: votes.

Why an ambitious DA hasn't attacked pornographers hard already I'll never know.

I'd pick 10 or 20 mouthy grfyers in my jurisdiction without the resources for a decent lawyer but with a high profile locally.

And come down on them like a ton of bricks..

Actually, not to be the bearer of bad nws or anything but..

The new regs havent even been published yet so, that being said, nobody but the DOJ has read them.

Many people have read last years proposed regs but the chances they may have changed are great since they were first suggested.

The turth of the matter is, until the new regs are published, nobody is any the wiser than they were last month, including all the lawyers in the adult industry making un-educated guesses. [/b][/quote]
Oh, total agreement. That's why I said that we need to read the actual regs after they're published on Tuesday.

That said, I have a hard time believing that our current government would even bother to read any comments that were submitted based on the proposed regs.

As for people making uneducated guesses, sure, there are plenty of people who are predicting everything and the kitchen sink. There are also some people who have taken the time to read the current regs, plus the proposed changes, and analyze their business strategies so that undue risk is minimized.

So many people in this business have no concept of what the government could and will do when pursuing obscenity. They have no knowledge or memory of what the adult video business went through in the 1980's with the Meese Commission under a Republican administration. If you don't know what I'm talking about, you may want to read up on your history. Look up the RICO act as well.

Plenty of low-hanging fruit in this business.

(And I'm not referring to gay porn actors.)

No one ever went broke underestimating the intelligence of the average webmaster :)